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<br />Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all
<br />present and futu re indebtedness and obligations at Borrower (or any of them it more than one) to Lender whether direct, indirect,
<br />absolute or contingent and whether arWng by note, guaranty, overdraft or otherwise. The Note. this Deed of Trust and any and all
<br />other docuents that secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security
<br />agreements and assignments of leases and rents. stiall be refereed tff herein as the "Loan instruments".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. fty swill of Ind obfadrtew All indebtedness secured hereby shall be paid when due.
<br />2. Tiltte. Trustor is the owner of the Property, has the right and authority to convey the Property. and warrants that the lien
<br />crenated hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any
<br />contract or other obligation to which Trustor is subject
<br />3. Tam. Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term °extei.ded coverage ", and
<br />such other hazards as lender may require, in amounts and with companies acceptab!e to Lender, naming Lender as an additional
<br />named insured, with foss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and
<br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness
<br />secured hereby and in such order as Lender may determine, (i4to.ttie Trustor to be used for the repair or restoration.of the Property
<br />ar (iii) for any other purpose er object sa+ s-faaWry tc Lars; gr withoi;�? affecting the lien of this Deed of Trust for the full amount secured
<br />hmbby before such payme ^•q ever toox p;3!:-e. Any �a ., i-cation of proceeds to indebtedness shall not extend or postpone the due
<br />date e any payments under'. to Note, c, to any default thereunder or hereunder.
<br />5. Escrow. Upon written demand ty tender, Trustor shall pat r„ Lender, in such manor as Lender may designate, sufficient
<br />sums to enatr&Lender to pay as they biirksame due one or more o!-ttm.following: (q all ratios. rs ssmento and other charges against
<br />the Property, (ij Ithe premiums on the property insurance required hereunder. and (iii) the premiums on any mortgage insurance
<br />required by Lender
<br />6- Maintenance. Repairs and Compliance with Laws. Trustor shalt lwep.,Vie Property in good condition and repair; shalt
<br />promptly repair, or replace arty improvement which may be damaged or Besteayed, shall not commit or permit any waste or
<br />deterioration of the Property. shall not remove, demolish or substantially aiti r.any of the improvements on the Property, shall not
<br />commit, suffer a- permit any act to be done in or upon the Property in violation -01 any law, ordinance. or regulation; and small pay and
<br />promptly disd;ta rge at Trustor's cost and expense all liens, encumbrances ind charges levied, imposed or assessed: against the
<br />Property or atsj Mart thereof.
<br />7. Eminent 0ornaln. Lender is hereby assigned all compensation, award? camages and other payments or relief (hereinafter
<br />"Proceeds• tr+.connection with condemnation or other taking of the Property or part f-,ereof, or for conveyance in lieu of
<br />condemnatic.i, ;;,ender shall be entitled at its option to commerpz-4 appear in and, proww.ue in its own name asst e,jion Or
<br />proceedings,.:= r':<� ?�halI also be entittec tsj^nake any compromise :• ;r-sdttlement to conneclirj earth such taking or d,#mi�s: to the,
<br />event any portion of the Property is so taken or damaged. Lender; iatY' have the •option, in its so( a and absolutediscretida„ to appiy
<br />all such Proceeds. after deducting therefrom all costs and expenses incurred" Dy� t to connection with such Proceeds, upon ary�.
<br />indebtedness secured hereby and to su ch order as Lender may dart.. mine, or ,,aappty all such Proceeds, after such deductions, to
<br />the restoration of the Property upon such conditions as Lender rrrl:, Determine Any application of Proceeds to indebtedness shall
<br />not extend or postpone the due data of any payments tinder the NrY -%s or cure any default thereunder or hereunder. Any unapplied
<br />funds shall be paid to Trustor.
<br />B. Performance by Lender. Upon the occurrence cita!- Event of Default hereunder, or if any act is taken or legal proceeding
<br />commenced which materially affects lender's rritere,ttm -r..e Property, Lender may in its own discretion, but without obligation to do
<br />so. and without notice to or demand upon Trustor a °rs.uar *out releasing Trustor from any obligation, do any act which Trustor has
<br />agreed but fails to do and may also do any. other act it deems neiressary to protect the security hereof Trustor shall, immediately
<br />upon demand therefor by Lender, pay tc 14rider all costs and exrAi,? vas incurred and sums e! {wiled by Lender in car -e Lion with
<br />the exercise by lender of the toregoin6 rra fa!s, together with interest thereon at the default rixa�,afovided in the Note, wrrcrl shall be
<br />addeo to the indebtedness secured hereby Lender shall not incur any liabifp because of anything it may do or omit to do
<br />hereunder
<br />9. Hazardous Mater4k Trustor shall keep the Property in compliance with all applicable laws, ordinances and regulations
<br />relating to Indwitotal hygiene or environmental protection (collectively referred to herein as "Environmental Laws'). Trustor shall
<br />keep the PrWvtyr-ree from all substances deemed to be hazardous or toxic under any Environmental Laws (collecti%#q y? referred to
<br />herein as "Hazardous Materials") Trustor hereby warrants and roproGents to Lender that there are no Ha;avdouti Mkt enals on or
<br />urd%r the Property Trustor Nereby agrees to indemnify and hold harmless Lender, its directors) officers, emptt�yees ar0 agents, and
<br />iifltp -successors to lender;) interest, from and against any and all claims, damages. losses and liabilities ruiztwg in cor._riectton with
<br />the presence. use. disposal .9r trar:°.;r-n of -any Hazardous Materials on. under, from or atmut the Property. THE l-OAEGOING
<br />WARRANTIES ix :VD REPRESENTATiO M4, AND TRU5TOR'S OBLIGATIONS PURSUANT TO T f'a FOREGOING INrDE1414.MY, SHALL
<br />SURVIVE RECONVEYANCE OF THtSfaiaxD OF TRUST
<br />10. Ass)g►i ~l of Rents. Tr:.jstGr t- ereby assigns to Lender the rents, issues and profits of the Property: provided that Trustor
<br />shall, until the ct,:urrence M set E rurit of Default hereunder, have the right to ccnetia and retain such rents, :�sue,.i • >ril profits as they
<br />becxrie Cue ana payable Ulv.)n the occuirence of art Event of Default. Lender, quay, either in person or fey tagviii, wr!h or without
<br />bitngmg zany ai ; ",cin or proceadrng, or by a receiver appointed by a (;Runt and without regard to the adegvw*,y-0 i(u9dt rir ty, enter
<br />upon and treko pessession of Me Propowl, w any part thereof, in its bW11 rlame or in the name G/ the Trustee, and Qo any 041:s which it
<br />dooms recgaiiiwW or desirable to preserve (no value, marketability :x i iotability of the Property, or any part t te: eof or intaileel therein,
<br />increase the income therefrom or protect the security hereof and. with or without taking possession of ltte Property. sue for or
<br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply the same, less costs and
<br />expenses of operation and collection including attorneys'tees. upon any indebterfrtess secured hereby, all in such order as Lender
<br />may determine The entering upon and taking possession of tho Property. the collection of �,t,ch rents. issues and profits and the
<br />application thereof as aforesaid. shall not cure or waive any defa„ It or notice of default hereunder or invalidate any act done in
<br />response to such default or pursuant to such notice of default and, notwithstanding the continuance in possession of the Property or
<br />the colWtion receipt and application of rents:, issues or profits, and Trustee and Lender shall be entitled to exercise every right
<br />provided for in any of the loan instruments or by taw upon occurrt, nce of any Event of Default, including without limitation the right
<br />to exercise the poker of sate Further, Lender's rights and rented ;ens under this paragraph shall be cumulative with, and in no way a
<br />limitation on. Lender's rights and remedies under any assignment of leases and rerts recorded against the Property lender, Trustee
<br />and tree receiver shall be Irabre to account only for those rents actually received
<br />11 tweirifs W 0~. The following shall constitute an Event of Default under this Deese of Trust
<br />(a) Fa{�fure to pay any installment of princtpal or interest of any other 6un-i sVct red hereby when due.
<br />fib; A tr'i VL� V tar aa0auu tin> &f ilii14nrirsttrr cartairied tnthefit". this flees or f rut;t any fir find Loan instturnenfs or any
<br />otfter l.r_n of encumtsrance upon the prcperrr.
<br />!cl A writ of exeeut:cn or attach meat tar any suntiar process shall be entered against "rustor which shall beconto a hESn an
<br />thlY Propetty pit any portran thereof Dr .merest therein,
<br />f4l There "ail to filed by or against Trustor or Borrower an action tinder ,;tiy ore: vn* or tutute federal z<o tar ,,liner
<br />alai rte. taw t.3 re{ju A'tUn Ieiatrn3IiJ bankruptcy- itisltreticy cr ott[et fei:Wf for detirCnS c 'nr ,e st,,V tie a r-- -rte ;f it iv, se R,
<br />tw-#:;f ci on &iurdatot of Tristot of Eiorfowe► or of al at ary part al the Property Or -0 forts SsuC 5 or p,of is ttieteof. I Try,!- ;r
<br />Cat &; I fooev tspll ;i M. any genera ass,ggnment for (the berfeLt of creditors -
<br />ie} T::g sa`b" transfer. = Biise. ass ynfne "L tar fu>ther erictim1warrce A an L;af, ilt t °r ar:y itrp 5t in tt,t-
<br />4'` fief ^1. But @r vat' iiilNril .r nv,�Tuntitriiif Ifte OrDresli wr (ter, c�,r..se ^' La Lc: �L.• .;ruw -dvd 'r1lit tr „St +)f Gt,;P- tLi
<br />pefrin- netLlRlstira;'tlHteas” ,f•N�rricpetr o, that ftri e%f.";! c';W ilr, vn:` jy'; 7ritrT(:, r(n <l4 °- T.1 "It'f•rrrY,,•ry•.,ih 'iP <,•.•rp■ rE ?fit
<br />On" Oust
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